Guide to Real Estate Woos of NRI’s: Best Real Estate Attorney Advice in India
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Legal Advice & Solutions for NRI’s & their Estates & Properties in India-4: Best NRI Legal Services in India
“Disputes with respect to real estate in India or properties in Inda have flooded the Courts in India. The number of cases in the Courts have risen manifold. The entire process involves investment of huge resources which includes investment of time and money. NRI’s living abroad or outside India find it more difficult to contest real estate litigation or property case is India as they are unable to personally come to India and monitor the exact case in their presence. Thus, over here we shall be discussing in brief the amicable ways to resolve a legal dispute with respect to real estate or properties in India and avoid entering into litigation.”
How can an NRI’s amicably resolve a legal dispute with respect to their estates and properties in India?
Understanding one’s legal rights in relation to land or property in India under Indian law is a complex issue and is even more complex for the NRIs. It is crucial to comprehend the legal requirements of Indian property laws and their relevance. NRIs are typically more susceptible to land or property frauds because they do not reside in India. Additionally, their properties remain vacant for long stretches without a caretaker. To settle the matter peacefully so that both parties are satisfied is one of the simplest ways to handle an NRI land dispute. This is mostly common in family related disputes. Measures can be adopted in order to safeguard the property of NRI’s are listed below:
• If the land is vacant, it is important to appoint a caretaker or guard to take care of the land and prevent any sort of illegal possession by criminals.
• If the land is provided to someone for rent for farming or any other activity, then it is better to appoint a qualified and suitable representative.
•If the NRI wishes to sell the land, be sure to familiarise yourself with the procedure and consider what to expect.
• Check to make sure the land or property is properly transferred in the NRI’s name and not the name of another person, notably the name of a deceased or deceased person.
•NRIs must carefully read and comprehend all necessary papers, such as licencing agreements, lease agreements, special power of attorney and general power of attorney, etc., in order to finish the process.
Let’s say the NRI’s legal rights have been trampled upon or mistreated. There may be circumstances in which there is no other option or substitution other than exercising legal rights under the civil litigation law. In these circumstances, the Indian courts provides sufficient support to the NRI’s and the best part is the convenience aspect for them as it can be exercised or pursued from any foreign country.
Time required to finish off a land dispute is also a crucial element which everyone involved in it is keen to know but The precise time or amount needed to settle a land dispute relies on the circumstances and might vary from case to case. The nature of the case, its intricacies, the parties involved, and the extent to which legal proceedings are necessary, to name a few, are some of the elements considered when defining the precise time period. As a result, it is challenging to estimate the amount of time it will take for NRIs to resolve their land disputes in India.
The whole legal process can be really cumbersome for the NRIs to handle as it involves various aspects so its advisable and is important to hire a Property Management Lawyer as when it comes to helping NRIs with issues over land and property, a property management lawyer is both important and dominant. The primary responsibilities of property management lawyer’s is to handle the issues until they are settled in the NRI client’s favour, keep track of the necessary legal procedures, and maintain the legal records of the NRI client’s land. In addition, a property management lawyer can handle all land and property disputes for an NRI client in plethora of ways.
So basically NRIs can resort to various safeguards in order to prevent any dispute related to their property which are listed above and even if they fail then also there is legal course of action which they can adopt which is basically Civil litigation and when pursuing civil litigation it is advisable to get assistance from a Property Management Lawyer who can provide aid to them in handling of their case and making sure that all the prerequisites are there which are necessary for the filing of the suit so that the dispute can be resolved as soon as possible.
Authored By: Adv. Anant Sharma, Vikrant Rathore & Lehar Saini
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